Sep 28

Q: Is it true that there are no deadlines for your social security disability application to be reviewed?

A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. The average time it takes most cases to be initially reviewed, however, is about 90 days. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. Missing a deadline for an appeal or reconsideration will have a negative impact on your social security disability case. Most often, you will need to file a new application and start at the initial review process again. If your case was not approved after the initial review process and you plan to appeal, you must file it within 60 days of the date of your denial. And simply putting it in the mailbox on the 60th day will not cut it. Social Security needs to have the appeal on record by that 60 day limit. You are given a grace period to account for the time it takes to send something in the mail. You should not, however, put your case at risk by cutting a deadline too close. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.

Q: Is it possible to speed up the date for your social security disability case hearing?

A: Trying to have your case heard before an administrative judge more quickly can be challenging. That being said, there some steps you can take to improve your chances. You can submit a dire need letter to the Office of Hearings and Appeals, if you are having trouble with your financial responsibilities (for example, making mortgage payments and paying medical bills.) Supporting documentation demonstrating your dire situation should accompany the letter. Duplicates of overdue utility and mortgage notifications will lend credibility to your dire need request. The hearing office will then decide if your claim should be accelerated. Another option is to request an on the record review of your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. The medical evidence must be undeniable for a claim to be approved after an on the record review. A final alternative to help speed up the social security disability hearing process is through a congressional inquiry. Having legal representation is extremely beneficial if you plan to try to speed up the hearing date for your claim.

Q: Are there witnesses for a social security disability hearing?

A: Disability cases are decided based on medical evidence. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. Expert witnesses presenting medical and employment background are often utilized in hearings.

Jul 27

Q: What is the process your SSDI benefits claim will go through when you file for benefits?

A: The first step in the social security disability process is the initial review. You will have an initial interview either at a social security office or by telephone, if it has not happened yet. The purpose of the interview is to assure that you have submitted all the requisite forms and that your file contains all the necessary details for the initial review. The disability determination services agency for your state will then receive your claim and a case manager will be assigned to it. The disability examiner for your case will obtain your medical records, review your case and meet with a consultative physician to make a determination regarding your case. You will then be notified as to whether or not you will be awarded social security disability. Most claims are not approved when initially reviewed. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. Many claimants seek the counsel of a social security attorney at this point in the process. That is because most cases are again denied after being reconsidered. And the next step would be to appeal to have your claim heard before an administrative judge. The hearing is your last chance to have your case considered. That is why most claimants have an advocate like a social security attorney at this point. Although a social security attorney is not required for any step in the process, it is extremely beneficial to have the expertise of an attorney during a hearing. Most cases that are awarded benefits after the hearing process are represented by an attorney.

Q: Will your social security attorney handle everything to apply for disability benefits?

A: A social security attorney typically handles all the paperwork after you have applied for benefits. You need to complete and submit the paperwork for your initial claim. You will also be required to personally complete information about employment history and your ability to do your usual tasks. Your attorney will assist you and make sure you complete those forms. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.

Q: Can you submit an application for social security disability online?

A: Social Security does accept applications via their secure web page. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history. A basic guide is also available on the site, to help you complete everything. To start the process, go to http://www.socialsecurity.gov/applyfordisability.